Notice of Issuance of Regulatory Guide, 9626-9627 [2010-4435]

Download as PDF 9626 Federal Register / Vol. 75, No. 41 / Wednesday, March 3, 2010 / Notices mstockstill on DSKH9S0YB1PROD with NOTICES request from March 31, 2010, to June 30, 2011, for five specific requirements of the new rule. As stated above, 10 CFR 73.5 allows the NRC to grant exemptions from the requirements of 10 CFR part 73. The NRC staff has determined that granting of the licensee’s proposed exemption would not result in a violation of the Atomic Energy Act of 1954, as amended, or the Commission’s regulations. Therefore, the exemption is authorized by law. In the draft final rule provided to the Commission on July 9, 2008, the NRC staff proposed that the requirements of the new regulation be met within 180 days. The Commission directed a change from 180 days to approximately 1 year for licensees to fully implement the new requirements. This change was incorporated into the final rule. From this, it is clear that the Commission wanted to provide a reasonable timeframe for licensees to achieve full compliance. As noted in the final Power Reactor Security Requirements rule (74 FR 13925, March 27, 2009), the Commission also anticipated that licensees would have to conduct site specific analyses to determine what changes were necessary to implement the rule’s requirements, and that these changes could be accomplished through a variety of licensing mechanisms, including exemptions. Since issuance of the final rule, the Commission has rejected a generic industry request to extend the rule’s compliance date for all operating nuclear power plants, but noted that the Commission’s regulations provide mechanisms for individual licensees, with good cause, to apply for relief from the compliance date (Reference: June 4, 2009 letter from R. W. Borchardt, NRC, to M.S. Fertel, Nuclear Energy Institute). The licensee’s request for an exemption is therefore consistent with the approach set forth by the Commission and discussed in the June 4, 2009, letter. PINGP Schedule Exemption Request The licensee provided detailed information in Enclosures 1 and 2 of its November 5, 2009, submittal letter requesting an exemption, as well as in its supplemental letter dated December 17, 2009. It describes a comprehensive plan to upgrade the security capabilities of the PINGP site and provides a timeline for achieving full compliance with the new regulation. Enclosures 1 and 2 contain security-related information regarding the site security plan, details of specific portions of the regulation for which the site cannot be in compliance by the March 31, 2010, deadline and why, the required changes VerDate Nov<24>2008 16:08 Mar 02, 2010 Jkt 220001 to the site’s security configuration, and a timeline with critical path activities that will bring the licensee into full compliance by June 30, 2011. The licensee stated that the schedule for the physical modifications associated with this request were developed based on current information and anticipated impediments to construction such as planned refueling outages at both Units 1 and 2 and winter weather conditions that may impair construction due to frozen ground or extreme cold that creates personnel safety issues. Enclosure 2 to the November 5, 2009, submittal includes a timeline that provides dates indicating when (1) construction will begin on various phases of the project, (2) outages are scheduled for each unit, and (3) critical equipment will be ordered, installed, and become operational. Notwithstanding the schedular exemptions for these limited requirements, the licensee will continue to be in compliance with all other applicable physical security requirements as described in 10 CFR 73.55 and reflected in its current NRC approved physical security program. By June 30, 2011, PINGP will be in full compliance with all the regulatory requirements of 10 CFR 73.55, as issued on March 27, 2009. 4.0 Conclusion for Part 73 Schedule Exemption Request The staff has reviewed the licensee’s submittals and concludes that the licensee has provided adequate justification for its request for an exemption from the March 31, 2010, compliance date to June 30, 2011, with regard to the specified requirements of 10 CFR 73.55. Accordingly, the Commission has determined that pursuant to 10 CFR 73.5, ‘‘Specific exemptions,’’ exemption from the March 31, 2010, compliance date is authorized by law and will not endanger life or property or the common defense and security, and is otherwise in the public interest. Therefore, the Commission hereby grants the requested exemption. The NRC staff has determined that the long-term benefits that will be realized when these projects are complete justify extending the March 31, 2010, full compliance date with regard to the specified requirements of 10 CFR 73.55 for this particular licensee. The security measures, that PINGP needs additional time to implement, are new requirements imposed by March 27, 2009 amendments to 10 CFR 73.55, and are in addition to those required by the security orders issued in response to the events of September 11, 2001. PO 00000 Frm 00055 Fmt 4703 Sfmt 4703 Therefore, it is concluded that the licensee’s actions are in the best interest of protecting the public health and safety through the security changes that will result from granting this exemption. As per the licensee’s request and the NRC’s regulatory authority to grant an exemption from the March 31, 2010, compliance date for the five requirements specified in Enclosure 1 of the NSPM letter dated November 5, 2009, the licensee is required to be in full compliance by June 30, 2011. In achieving compliance, the licensee is reminded that it is responsible for determining the appropriate licensing mechanism (i.e., 10 CFR 50.54(p) or 10 CFR 50.90) for incorporation of all necessary changes to its security plans. Pursuant to 10 CFR 51.32, ‘‘Finding of no significant impact,’’ the Commission has previously determined that the granting of this exemption will not have a significant effect on the quality of the human environment [75 FR 6225; dated February 8, 2010]. This exemption is effective upon issuance. Dated at Rockville, Maryland, this 23rd day of February 2010. For The Nuclear Regulatory Commission. Allen G. Howe, Acting Director, Division of Operating Reactor Licensing, Office of Nuclear Reactor Regulation. [FR Doc. 2010–4382 Filed 3–2–10; 8:45 am] BILLING CODE 7590–01–P NUCLEAR REGULATORY COMMISSION [NRC–2008–0577] Notice of Issuance of Regulatory Guide AGENCY: Nuclear Regulatory Commission. ACTION: Notice of issuance and availability of Regulatory Guide 1.47, Revision 1, ‘‘Bypassed and Inoperable Status Indication for Nuclear Power Plant Safety Systems.’’ FOR FURTHER INFORMATION CONTACT: Khoi Nguyen, U.S. Nuclear Regulatory Commission, Washington, DC 20555– 0001, telephone (301) 251–7453 or email Khoi.Nguyen@nrc.gov. SUPPLEMENTARY INFORMATION: I. Introduction The U.S. Nuclear Regulatory Commission (NRC) is issuing a revision to an existing guide in the agency’s ‘‘Regulatory Guide’’ series. This series was developed to describe and make available to the public information such as methods that are acceptable to the E:\FR\FM\03MRN1.SGM 03MRN1 mstockstill on DSKH9S0YB1PROD with NOTICES Federal Register / Vol. 75, No. 41 / Wednesday, March 3, 2010 / Notices NRC staff for implementing specific parts of the agency’s regulations, techniques that the staff uses in evaluating specific problems or postulated accidents, and data that the staff needs in its review of applications for permits and licenses. Revision 1 of Regulatory Guide 1.47 was issued with a temporary identification as Draft Regulatory Guide, DG–1205. This guide describes a method that the staff of the NRC considers acceptable for use in complying with the NRC’s regulations with respect to bypassed and inoperable status indication for nuclear power plant safety systems. The regulatory framework that the NRC has established for nuclear power plants consists of a number of regulations and supporting guidelines applicable to bypassed and inoperable status indication, including, but not limited to, General Design Criterion (GDC) 1, ‘‘Quality Standards and Records,’’ GDC 13, ‘‘Instrumentation and Control,’’ GDC 19, ‘‘Control Room,’’ GDC 21, ‘‘Protection System Reliability and Testability,’’ GDC 22, ‘‘Protection System Independence,’’ and GDC 24, ‘‘Separation of Protection and Control Systems,’’ as set forth in Appendix A, ‘‘General Design Criteria for Nuclear Power Plants,’’ to Title 10, Part 50, ‘‘Domestic Licensing of Production and Utilization Facilities,’’ of the Code of Federal Regulations (10 CFR part 50). GDC 1 requires that structures, systems, and components important to safety be designed and installed to quality standards commensurate with the importance-to-safety of the functions to be performed. GDC 13 requires that appropriate controls be provided to maintain variables and systems that can affect the fission process, the integrity of the reactor core, the reactor coolant pressure boundary, and the containment and its associated systems within prescribed operating ranges. GDC 19 requires that a control room be provided from which actions can be taken to operate the nuclear power unit safely under normal operating conditions. GDC 21 requires that the protection system be designed for high functional reliability and inservice testability. GDC 22 requires that the protection system be designed to ensure that the effects of normal operating, maintenance, and testing on redundant channels do not result in the loss of the protection function or be demonstrated to be acceptable on some other defined basis. GDC 24 requires that interconnection of the protection and control systems be limited to ensure that safety is not significantly impaired. VerDate Nov<24>2008 16:08 Mar 02, 2010 Jkt 220001 II. Further Information In October 2008, DG–1205 was published with a public comment period of 60 days from the issuance of the guide. The public comment period closed on December 22, 2008. The staff’s responses to the comments received are located in the NRC’s Agencywide Documents Access and Management System (ADAMS) under Accession No. ML092330085. Electronic copies of Regulatory Guide 1.47, Revision 1 are available through the NRC’s public Web site under ‘‘Regulatory Guides’’ at https:// www.nrc.gov/reading-rm/doccollections/. In addition, regulatory guides are available for inspection at the NRC’s Public Document Room (PDR) located at Room O–1F21, One White Flint North, 11555 Rockville Pike, Rockville, Maryland 20852–2738. The PDR’s mailing address is USNRC PDR, Washington, DC 20555–0001. The PDR can also be reached by telephone at (301) 415–4737 or (800) 397–4209, by fax at (301) 415–3548, and by e-mail to pdr.resource@nrc.gov. Regulatory guides are not copyrighted, and NRC approval is not required to reproduce them. Dated at Rockville, Maryland, this 24th day of February 2010. For the Nuclear Regulatory Commission. Andrea D. Valentin, Chief, Regulatory Guide Development Branch, Division of Engineering, Office of Nuclear Regulatory Research. [FR Doc. 2010–4435 Filed 3–2–10; 8:45 am] BILLING CODE 7590–01–P NUCLEAR REGULATORY COMMISSION [NRC–2009–0384] Notice of Issuance of Regulatory Guide AGENCY: Nuclear Regulatory Commission. ACTION: Notice of issuance and availability of Regulatory Guide 1.40. FOR FURTHER INFORMATION CONTACT: Thomas Koshy, U.S. Nuclear Regulatory Commission, Washington, DC 20555– 0001, telephone: (301) 251–7663, e-mail: Thomas.Koshy@nrc.gov, or R.A. Jervey, telephone: (301) 251–7404, e-mail: Richard.Jervey@nrc.gov. SUPPLEMENTARY INFORMATION: I. Introduction The U.S. Nuclear Regulatory Commission (NRC) is issuing a revision to an existing guide in the agency’s ‘‘Regulatory Guide’’ series. This series PO 00000 Frm 00056 Fmt 4703 Sfmt 4703 9627 was developed to describe and make available to the public information such as methods that are acceptable to the NRC staff for implementing specific parts of the agency’s regulations, techniques that the staff uses in evaluating specific problems or postulated accidents, and data that the staff needs in its review of applications for permits and licenses. Revision 1 of Regulatory Guide 1.40, ‘‘Qualification of Continuous Duty Safety-Related Motors for Nuclear Power Plants,’’ was issued with a temporary identification as Draft Regulatory Guide DG–1150. This RG describes a method that the staff of the NRC deems acceptable for complying with the Commission’s regulations for qualification of continuous duty safety-related motors for nuclear power plants. The Commission’s regulations in Title 10, Part 50, ‘‘Domestic Licensing of Production and Utilization Facilities,’’ of the Code of Federal Regulations (10 CFR part 50), require that structures, systems, and components in a nuclear power plant that are important to safety be designed to accommodate the effects of environmental conditions (i.e., they must remain functional under postulated design-basis events). Toward that end, General Design Criteria 1, 2, 4, and 23 of Appendix A, ‘‘General Design Criteria for Nuclear Power Plants,’’ to 10 CFR Part 50 contain the general requirements. The specific requirements pertaining to qualification of certain electrical equipment important to safety appear in 10 CFR 50.49, ‘‘Environmental Qualification of Electric Equipment Important to Safety for Nuclear Power Plants.’’ In addition, Criterion III, ‘‘Design Control,’’ of Appendix B, ‘‘Quality Assurance Criteria for Nuclear Power Plants and Fuel Reprocessing Plants,’’ to 10 CFR part 50, requires that test programs, when used to verify the adequacy of a specific design feature, should include suitable qualification testing of a prototype unit under the most adverse design conditions. II. Further Information In August 2009, DG–1150 was published with a public comment period of 60 days from the issuance of the guide. The public comment period closed on October 30, 2009. The staff’s responses to the comments received are located in the NRC’s Agencywide Documents Access and Management System under accession number ML093080126. Electronic copies of RG 1.40, Revision 1 are available through the NRC’s public Web site under ‘‘Regulatory Guides’’ at https:// E:\FR\FM\03MRN1.SGM 03MRN1

Agencies

[Federal Register Volume 75, Number 41 (Wednesday, March 3, 2010)]
[Notices]
[Pages 9626-9627]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2010-4435]


-----------------------------------------------------------------------

NUCLEAR REGULATORY COMMISSION

[NRC-2008-0577]


Notice of Issuance of Regulatory Guide

AGENCY: Nuclear Regulatory Commission.

ACTION: Notice of issuance and availability of Regulatory Guide 1.47, 
Revision 1, ``Bypassed and Inoperable Status Indication for Nuclear 
Power Plant Safety Systems.''

-----------------------------------------------------------------------

FOR FURTHER INFORMATION CONTACT: Khoi Nguyen, U.S. Nuclear Regulatory 
Commission, Washington, DC 20555-0001, telephone (301) 251-7453 or e-
mail Khoi.Nguyen@nrc.gov.

SUPPLEMENTARY INFORMATION: 

I. Introduction

    The U.S. Nuclear Regulatory Commission (NRC) is issuing a revision 
to an existing guide in the agency's ``Regulatory Guide'' series. This 
series was developed to describe and make available to the public 
information such as methods that are acceptable to the

[[Page 9627]]

NRC staff for implementing specific parts of the agency's regulations, 
techniques that the staff uses in evaluating specific problems or 
postulated accidents, and data that the staff needs in its review of 
applications for permits and licenses.
    Revision 1 of Regulatory Guide 1.47 was issued with a temporary 
identification as Draft Regulatory Guide, DG-1205. This guide describes 
a method that the staff of the NRC considers acceptable for use in 
complying with the NRC's regulations with respect to bypassed and 
inoperable status indication for nuclear power plant safety systems.
    The regulatory framework that the NRC has established for nuclear 
power plants consists of a number of regulations and supporting 
guidelines applicable to bypassed and inoperable status indication, 
including, but not limited to, General Design Criterion (GDC) 1, 
``Quality Standards and Records,'' GDC 13, ``Instrumentation and 
Control,'' GDC 19, ``Control Room,'' GDC 21, ``Protection System 
Reliability and Testability,'' GDC 22, ``Protection System 
Independence,'' and GDC 24, ``Separation of Protection and Control 
Systems,'' as set forth in Appendix A, ``General Design Criteria for 
Nuclear Power Plants,'' to Title 10, Part 50, ``Domestic Licensing of 
Production and Utilization Facilities,'' of the Code of Federal 
Regulations (10 CFR part 50). GDC 1 requires that structures, systems, 
and components important to safety be designed and installed to quality 
standards commensurate with the importance-to-safety of the functions 
to be performed. GDC 13 requires that appropriate controls be provided 
to maintain variables and systems that can affect the fission process, 
the integrity of the reactor core, the reactor coolant pressure 
boundary, and the containment and its associated systems within 
prescribed operating ranges. GDC 19 requires that a control room be 
provided from which actions can be taken to operate the nuclear power 
unit safely under normal operating conditions. GDC 21 requires that the 
protection system be designed for high functional reliability and 
inservice testability. GDC 22 requires that the protection system be 
designed to ensure that the effects of normal operating, maintenance, 
and testing on redundant channels do not result in the loss of the 
protection function or be demonstrated to be acceptable on some other 
defined basis. GDC 24 requires that interconnection of the protection 
and control systems be limited to ensure that safety is not 
significantly impaired.

II. Further Information

    In October 2008, DG-1205 was published with a public comment period 
of 60 days from the issuance of the guide. The public comment period 
closed on December 22, 2008. The staff's responses to the comments 
received are located in the NRC's Agencywide Documents Access and 
Management System (ADAMS) under Accession No. ML092330085.
    Electronic copies of Regulatory Guide 1.47, Revision 1 are 
available through the NRC's public Web site under ``Regulatory Guides'' 
at https://www.nrc.gov/reading-rm/doc-collections/.
    In addition, regulatory guides are available for inspection at the 
NRC's Public Document Room (PDR) located at Room O-1F21, One White 
Flint North, 11555 Rockville Pike, Rockville, Maryland 20852-2738. The 
PDR's mailing address is USNRC PDR, Washington, DC 20555-0001. The PDR 
can also be reached by telephone at (301) 415-4737 or (800) 397-4209, 
by fax at (301) 415-3548, and by e-mail to pdr.resource@nrc.gov.
    Regulatory guides are not copyrighted, and NRC approval is not 
required to reproduce them.

    Dated at Rockville, Maryland, this 24th day of February 2010.

    For the Nuclear Regulatory Commission.
Andrea D. Valentin,
Chief, Regulatory Guide Development Branch, Division of Engineering, 
Office of Nuclear Regulatory Research.
[FR Doc. 2010-4435 Filed 3-2-10; 8:45 am]
BILLING CODE 7590-01-P
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